Grandmother gave property through will want to probate it


My grand mother wrote will a property in my name. I have applied for probate. It will take minimum 1 year to get probate order. Before the order how i can rent out this property. Shall registered will is enough to prove that I am the owner of the property.

Answers (4)


284 votes

It depends upon the tenant and there is no impediment in law to let out the said property for a rent. Only if there is a counter claim in respect of the rent naturally the tenant is unable to pay the rent in such situation. In your case you are already having a registered Will in your favour. The probate will not be done within 1 month and hence don't fall for it. Having said that with or without probate you can let out your property and receive rent. You need not disclose all these facts to your tenant and he has no business to seek those information.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

183 votes

Normally the will has to be probated and by virtue of the will you can claim the property as your own and you can do whatever you want . But sometimes the person who is going to be your tenant decides not to vacate then he can challenge your right saying that the will was not probated.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
292 votes

No problem, you can rent it out. The evidence act says that the tenant cannot question the title of the landlord. So, you have all the right to rent it out.. . . . . . . . . . . . . . .|||||||||||||||

297 votes

Regarding WILL , it is optional to register it or not, even an unregistered WiLL is Valid before any courts of law. Probate is not compulsory. There are so many decisions with respect to the circumstances of Probate of WILL...

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles